Ozsusamlar v. Lappin et al

Filing 25

ORDER REFERRING CASE to Magistrate Judge Donald G. Wilkerson, Denying 17 motion to amend/correct 1 complaint filed by Plaintiff. The Clerk of Court is DIRECTED to complete, on Plaintiff's behalf, a summons and form USM-285 for service of pr ocess on Defendant SZOKE; the Clerk shall issue the completed summons. The United States Marshal SHALL serve Defendant SZOKE pursuant to Rule 4(e) of the Federal Rules of Civil Procedure. All costs of service shall be advanced by the United States, and the Clerk shall provide all necessary materials and copies to the United States Marshals Service. Signed by Judge G. Patrick Murphy on 8/21/2012. (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

MUSTAFA OZSUSAMLAR, #18188-050
Plaintiff,
vs.
HARRY LAPIN,
WANDY ROAL,
DR. DAVID SZOKE,
P. KELLY,
K.D. WELLS,
M. PATTERSON,
C. RUNGE
Defendants.

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CIVIL NO. 11-844-GPM

MEMORANDUM AND ORDER
MURPHY, District Judge:
This case came before the Court pursuant to 28 U.S.C. § 1915A threshold review. After
carefully examining Plaintiff’s complaint and supporting exhibits, the Court conducted a video
conference to better discern Plaintiff’s claims. The Court FINDS that Plaintiff has stated a claim
under the Eighth Amendment for deliberate indifference to a serious medical need against Defendant
Szoke, M.D.
Plaintiff’s assertions that Defendants are opening his mail or paying insufficient wages fails
to implicate the constitution. All of Plaintiff’s other allegations fail to allege sufficient facts to state
a claim for relief that is plausible on its face. Accordingly, all other Defendants are dismissed from
this case with prejudice.

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The Court believes Plaintiff could benefit from the assistance of counsel. Plaintiff is a
Turkish citizen, whose English is difficult to understand. Plaintiff filed this lawsuit while
incarcerated at FCI-Marion, which is located in the Southern District of Illinois. Now, Plaintiff has
been transferred to FCI-Fairton, in New Jersey. The Court will attempt to locate an attorney that
has the ability to provide adequate representation to Plaintiff, given this difficult situation.
Finally, Plaintiff’s motion to amend the complaint (Doc. 17) is DENIED. Plaintiff may seek
leave to amend his complaint in light of the Court’s threshold review.
DISPOSITION
The Clerk of Court is DIRECTED to complete, on Plaintiff’s behalf, a summons and form
USM-285 for service of process on Defendant SZOKE; the Clerk shall issue the completed
summons. The United States Marshal SHALL serve Defendants SZOKE pursuant to Rule 4(e) of
the Federal Rules of Civil Procedure.1 All costs of service shall be advanced by the United States,
and the Clerk shall provide all necessary materials and copies to the United States Marshals Service.
In addition, pursuant to Federal Rule of Civil Procedure 4(i), the Clerk shall (1) personally
deliver to or send by registered or certified mail addressed to the civil-process clerk at the office of
the United States Attorney for the Southern District of Illinois a copy of the summons, the
complaint, and this Memorandum and Order; and (2) send by registered or certified mail to the

1

Rule 4(e) provides, “an individual – other than a minor, an incompetent person, or a
person whose waiver has been filed – may be served in a judicial district of the United States by:
(1) following state law for serving a summons in an action brought in courts of general
jurisdiction in the state where the district court is located or where service is made; or (2) doing
any of the following: (A) delivering a copy of the summons and of the complaint to the
individual personally; (B) leaving a copy of each at the individual’s dwelling or usual place of
abode with someone of suitable age and discretion who resides there; or (C) delivering a copy of
each to an agent authorized by appointment or law to receive service of process.”
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Attorney General of the United States at Washington, D.C., a copy of the summons, the complaint,
and this Memorandum and Order.
It is FURTHER ORDERED that Plaintiff shall serve upon Defendants, or if an appearance
has been entered by counsel, upon that attorney, a copy of every pleading or other document
submitted for consideration by this Court. Plaintiff shall include with the original paper to be filed
a certificate stating the date that a true and correct copy of the document was mailed to each
defendant or counsel. Any paper received by a district judge or a magistrate judge which has not
been filed with the Clerk or which fails to include a certificate of service will be disregarded by the
Court.
Defendant is ORDERED to timely file an appropriate responsive pleading to the complaint
and shall not waive filing a reply pursuant to 42 U.S.C. § 1997e(g).
Pursuant to Local Rule 72.1(a)(2), this action is REFERRED to United States Magistrate
Judge Wilkerson for further pre-trial proceedings.
Further, this entire matter is REFERRED to United States Magistrate Judge Wilkerson for
disposition, as contemplated by Local Rule 72.2(b)(2) and 28 U.S.C. § 636(c), should all the parties
consent to such a referral.
IT IS FURTHER ORDERED that if judgment is rendered against Plaintiff, and the
judgment includes the payment of costs under Section 1915, Plaintiff will be required to pay the
full amount of the costs, notwithstanding that his application to proceed in forma pauperis has
been granted. See 28 U.S.C. § 1915(f)(2)(A).

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Plaintiff is ADVISED that at the time application was made under 28 U.S.C. § 1915 for
leave to commence this civil action without being required to prepay fees and costs or give
security for the same, the applicant and his or her attorney were deemed to have entered into a
stipulation that the recovery, if any, secured in the action shall be paid to the Clerk of the Court,
who shall pay therefrom all unpaid costs taxed against plaintiff and remit the balance to plaintiff.
Local Rule 3.1(c)(1)
Finally, Plaintiff is ADVISED that he is under an obligation to keep the Clerk of Court
and each opposing party informed of any change in his address; the Court will not independently
investigate his whereabouts. This shall be done in writing and not later than 7 days after a
transfer or other change in address occurs. Failure to comply with this order will cause a delay
in the transmission of court documents and may result in dismissal of this action for want of
prosecution. See FED. R. CIV. P. 41(b).

IT IS SO ORDERED.
DATED: August 21, 2012
/s/ ZA ctàÜ|v~ `âÜÑ{ç
G. PATRICK MURPHY
United States District Judge

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